RESOLUTION AUTHORIZING COUNTY MAYOR OR DESIGNEE TO ESTABLISH TAX-EXEMPT DISTRICT TRUST FUNDS FOR PUBLIC PURPOSE PROJECTS, PROVIDING TERMS AND CONDITIONS FOR DISBURSEMENTS, WAIVING ADMINISTRATIVE ORDER 3-38 WITH RESPECT TO SMALL PURCHASE ORDERS, AND WAIVING ADMINISTRATIVE ORDER 1-3 WITH RESPECT TO AUTHORITY TO ACCEPT GIFTS ON BEHALF OF MIAMI-DADE COUNTY

Indexes:

TRUST FUNDS

Sponsors:

Jose "Pepe" Diaz, Prime Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Budget, Planning and Sustainability Committee

3/9/2010

2C

Withdrawn

P

County Manager

3/8/2010

Withdrawals

Budget, Planning and Sustainability Committee

3/9/2010

County Attorney

2/17/2010

Referred

Budget, Planning and Sustainability Committee

3/9/2010

Budget, Planning and Sustainability Committee

2/9/2010

2K

Motion dies due to lack of second

REPORT:

Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record.
Commissioner Diaz explained that other jurisdictions had established a mechanism to reward corporations that contributed financial resources to residents in the local community. He noted this proposed resolution would establish a trust account, similar to the trust fund in the Animal Services Department, that could be a 501(c)3 tax exempt account to provide a tax relief to reward corporations for giving back to county residents.
It was moved by Commissioner Edmonson that this proposed resolution be forwarded to the County Commission.
Hearing no second, this motion died for lack of second.
Later, Commissioner Martinez, who was absent when Commissioner Edmonson made her motion, noted he wished to second her motion. He questioned whether the Committee could reconsider this proposed resolution.
Assistant County Attorney Jess McCarty advised that the Committee could not reconsider this proposed resolution, however, pursuant to Board of County Commissioners Rules of Procedures Rule 4.01.(h)(6) this proposed resolution would be carried over to the March 9, 2010, committee meeting.

County Attorney

1/28/2010

Referred

Budget, Planning and Sustainability Committee

2/9/2010

County Attorney

1/28/2010

Assigned

Dennis A. Kerbel

2/1/2010

Legislative Text

TITLE

RESOLUTION AUTHORIZING COUNTY MAYOR OR DESIGNEE TO ESTABLISH TAX-EXEMPT DISTRICT TRUST FUNDS FOR PUBLIC PURPOSE PROJECTS, PROVIDING TERMS AND CONDITIONS FOR DISBURSEMENTS, WAIVING ADMINISTRATIVE ORDER 3-38 WITH RESPECT TO SMALL PURCHASE ORDERS, AND WAIVING ADMINISTRATIVE ORDER 1-3 WITH RESPECT TO AUTHORITY TO ACCEPT GIFTS ON BEHALF OF MIAMI-DADE COUNTY

BODY

WHEREAS, discretionary accounts for expenditures in each commission district were eliminated because of budgetary constraints; and
WHEREAS, the district discretionary accounts had provided a means for commissioners to sponsor important public purpose projects in each of their districts, either directly or through community-based organizations (“CBOs”); and
WHEREAS, this Board wishes to provide a mechanism for commissioners to raise money to fund such public purpose projects; and
WHEREAS, private individuals in Miami-Dade County desire to contribute money to fund worthy public purpose projects in each commission district, either undertaken directly by the County or through CBOs; and
WHEREAS, this Board wishes to provide each commissioner the ability to establish a trust fund for the collection of tax-deductible private sector contributions for such public purpose projects in the commissioner’s district; and
WHEREAS, the monies deposited in such trust funds shall be used (i) in accordance with the terms and conditions of each grant or donation; or (ii) if there are no specific terms or limitations attached to such grant or donation, for any public purpose to benefit the residents of the commission district for which the trust fund was established; and
WHEREAS, the Board wishes to waive the County’s formal bid and purchasing procedures in Administrative Order 3-38 with respect to small purchase orders in order to allow the commissioner administering the trust fund to purchase goods and services in a timely manner in order to fulfill the goals of the trust fund, provided that each individual purchase does not exceed $10,000 and that three quotes on the proposed purchase are obtained, if practicable or economically feasible; and
WHEREAS, the Board wishes to waive the procedures set forth in Administrative Order 1-3, which vests authority in the County Manager or applicable Department Director to accept or reject gifts on behalf of the County, to allow commissioners to accept donations to district trust funds,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Each commissioner is hereby authorized, in his or her discretion, to request the County Mayor, through the Finance Department, to establish a District Trust Fund for his or her district, for the sole purpose of receiving private sector monetary and in-kind tax-deductible contributions as well as public sector contributions in support of public purpose projects in the respective commission district. Each District Trust Fund shall be administered by the Finance Department at the direction of the district commissioner in accordance with this resolution and the County’s investment policies.
Section 2. Each District Trust Fund shall be kept and maintained in trust for the respective district by the Finance Department, and any deposits, including interest earned on such deposits, to the Trust Fund shall be used (i) in accordance with the terms and conditions of each grant or donation; or (ii) if there are no specific terms or limitations attached to such grant or donation, at the direction of the district commissioner for any public purpose to benefit the applicable commission district.
Section 3. The County’s formal bid and purchasing procedures in Administrative Order 3-38 with respect to small purchase orders are waived for purchases in accordance with this resolution, provided that each individual purchase does not exceed $10,000, and that three quotes on the proposed purchase are obtained if practicable or economically feasible.
Section 4. The County’s formal procedures in Administrative Order 1-3 for acceptance or rejection of gifts, donations, artwork, commemorative and/or memorial structures, and devises or bequests offered to the County are waived for receipt of contributions by a commissioner for the District Trust Fund applicable to that commissioner’s district.
Section 5. Disbursements from a District Trust Fund shall be made by announcement on the record at a meeting of this Board and approval by this Board.